4.2.1 PURPOSE
A. To establish a procedure for investigation of abuse of a vulnerable person (i.e. disabled person or elderly person).
4.2.2 APPLICABLE STATUTES
A. ORS 163.205 Criminal Mistreatment in the first degree
B. ORS 124.005 to 124.040 Elderly Persons and Persons with Disabilities Abuse Prevention Act
4.2.3 DEFINITIONS
A. Elderly person means - a person 65 years of age or older.
B. Disabled Person means – person with a physical or mental disability.
C. “Abuse” per ORS 124.005 and as it applies in this procedure means one or more of the following:
1. Any physical injury caused by other than accidental means, or which
appears to be at variance with the explanation given of the injury.
2. Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being.
3. Abandonment, including desertion or willful forsaking of an elderly person or a person with disabilities or the withdrawal or neglect of duties and obligations owed an elderly person or a person with disabilities by a caretaker or other person.
4. Willful infliction of physical pain or injury.
5. Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to threaten significant physical or emotional harm to the elderly person or person with disabilities.
6. Causing any sweepstakes promotion to be mailed to an elderly person or a person with disabilities who had received sweepstakes promotional material in the United States mail, spent more than $500 in the preceding year on any sweepstakes promotion, or any combination of sweepstakes promotions from the same service, regardless of the identities of the originators of the sweepstakes promotion and who represented to the court that the person felt the need for the court’s assistance to prevent the person from incurring further expense.
7. Wrongfully taking or appropriating money or property, or knowingly subjecting an elderly per or person with disabilities to alarm by conveying a threat to wrongfully take or appropriate money or property, which threat reasonably would be expected to cause the elderly person or person with disabilities to believe that the threat will be carried out.
8. Sexual contact with a nonconsenting elderly person or person with disabilities considered incapable of consenting to a sexual act as described in ORS 163.315.
4.2.4 PROCEDURE
A. Residential Facilities - Within two hours of the receipt of a report of alleged abuse to a dependent/elderly person in a residential facility, an officer will be sent to investigate. The investigating officer shall:
1. Promptly conduct a complete and thorough investigation, being particularly aware of ORS 163.205 Criminal Mistreatment in these cases.
2. If the officer finds reasonable cause to believe that abuse has occurred, he will immediately:
a. Notify the Investigations Division Detective Sergeant if the incident occurs during normal business hours (the Detective Sergeant will contact East County Aging and Disability Services); or
b. If the Detective Sergeant is unavailable, the investigating officer will contact East County Aging and Disability Services directly.
3. The investigating officer shall complete an incident report detailing his actions. Additionally, the report shall contain the following information, if known:
a. Names and addresses of the resident and any persons responsible for the care of the resident; and
b. Nature and the extent of the abuse; and
c. Evidence of previous abuse; and
d. Explanation given for the abuse; and
e. Any other information that might be helpful in establishing the cause of the abuse and the identity of the perpetrator.
4. A copy of the incident report will be forwarded to:
a. Investigations Detective Sergeant; and
b. East County Aging and Disability Services.
5. Officers shall report all instances of Domestic Violence between caregivers occurring in the presence of the elderly person(s) to the Investigations Detective Sergeant and to East County Aging and Disability Services.
B. Elder Abuse Outside Residential Facility - When a report of alleged abuse to an elderly person outside of a residential facility is received, the officer receiving it shall:
1. Promptly conduct a complete and thorough investigation, being particularly aware of ORS 163.205 Criminal Mistreatment in these cases.
2. Immediately notify the Investigations Detective Sergeant if the incident occurs during normal business hours (the Detective Sergeant will contact East County Aging and Disability Services); or if the Detective Sergeant is unavailable, the investigating officer will contact East County Aging and Disability Services directly.
3. The investigating officer shall complete an incident report detailing his actions. Additionally, the report shall contain the following information, if known:
a. Names and addresses of the resident and any persons responsible for the care of the resident; and
b. Nature and the extent of the abuse; and
c. Evidence of previous abuse; and
d. Explanation given for the abuse; and
e. Any other information that might be helpful in establishing the cause of the abuse and the identity of the perpetrator.
4. A copy of the report shall be forwarded to:
a. The Investigations Detective Sergeant; and
b. East County Aging and Disability Services.
Carla C. Piluso
Chief of Police
***BACK PAGE***